Esrey

This was an action for damages for personal injuries. The plaintiff had a verdict and judgment for five thousand dollars, and the defendant appeals from the judgment, and an order denying its motion for a new trial.

The following are the material facts: The accident occurred at Leemore, a small town between Tulare and Huron, on the afternoon of February 13, 1889. The plaintiff had gone to the depot with a friend, one Miss Furnish, to bid good by to an acquaintance, one Mrs. Shively, who took the freight train which passed Lee-more about that time. The general features of the locality are as follows: The main track ran east and west. Almost parallel with it, and a few feet to the south, was a side-switch which ran alongside a platform about four feet high and came into the main track a little farther to the east. The platform was about one hundred feet long, and was about three feet from the first rail of the side-switch. The train was headed towards the east, its forward part, consisting of the engine and some flat-cars, uncoupled from the caboose (which was left standing on the main track opposite the platform) for the purpose of taking on some box-cars which were on the western…